economic, social and cultural rights

Question 1

what is the only treaty of the ESCR and what generation is it?

Answer 1

ICESCR, 2nd generation HR

Question 2

what does the ICESCR include?

Answer 2

right to work
right to form unions
right to favorable conditions of work
social security
protection of the family, mothers, and children
adequate standard of living (food, clothing, housing, etc.) (more complicated)
mental health
education
right to participate in cultural life → mainly for indigenous groups
benefits of scientific progress → abstract how do we approach scientific progress

quite broad

Question 3

in what articles is the ESCR recognized?

Answer 3

articles 22-7 of the Universal Declaration and 55(a) and (b) of the UN charter. NOT A BINDING, AN IDEA

Question 4

what is the socialist’s perspective?

Answer 4

• the extension of their ideology
• implementation had to be immediate
• ESCR is a continuation of the Civil and Political Rights

Question 5

what is the liberal’s perspective?

Answer 5

• must be market-driven (driven by free market economics)
• a certain resistance to implementing them
• for the liberals, aren’t equivalent or extension (maybe denied them)

Question 6

what is the monitoring of the ESCR in the civil and political rights?

Answer 6

• The monitoring was established directly in the ICCPR and executed by the HRCtee
• somehow resolutions were binding
• “Everyone shall have the right”

Question 7

What is the monitoring of the ESCR in terms of the eco, social, and cultural aspects?

Answer 7

• took 9 years to create the CESCR by the UN ECOSOC
• deliver nin-binding recommendations
• “state parties to the convenient recognize the right of everyone”

Question 8

what is the progressive realization for the state party (cvil and politically easy to respect)?

Answer 8

respect (enjoyment of the right (charge on the state)
protect
fulfill

Question 9

explain 2nd, 3rd generation

Answer 9

very complicated to deal with them. need compromise. need to build on progressive realization, can’t fulfill alone

Question 10

what is progressive realization?

Answer 10

the state will do its best to provide, as long as the budget and reach of infrastructure allow it

Question 11

give three cases eg.

Answer 11

• Bermudez Urrego vs. Transmilenio, Colombia, 2002
• Madzodzo and others vs. Ministers of Basic Education, South Africa, 2014
  problem with proper access to child education, problem of logistics, bad planning on how to provide for infrastructures
  done in domestic law
  access to education is NOT a progressive right
• Villagran Morales et. AL. vs. Guatemala, iACtHR, 1999
  inter american court